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Abstract

Despite efforts made to facilitate the enforcement of foreign arbitral awards internationally and the great success achieved by the New York Convention (1958) for the enforcement of foreign arbitral awards within contracting states’ territories, there remain issues that complicate the enforcement proceedings. Reliance on the national procedural rules for the enforcement of foreign awards, which vary in several aspects from one country to another, is one of the main issues that could undermine the effectiveness of arbitration. The problems that complicate the enforcement of foreign arbitral awards in national courts can be classified into two types: the first one can be called “general problems” that related generally to the legal system and the background of the state where the award is to be enforced and its national mandatory procedural rules. The second type, however, related specifically to the interpretation of the New York Convention’s provisions by national courts. This paper will first briefly discuss the general problems that can make the enforcement of arbitral awards more difficult and consequently undermine the effectiveness of the arbitral process as an accessible means of resolving commercial disputes. These problems focus more on the enforcing court and its trend toward the enforcement of foreign arbitral awards. The research paper will then examine the influence of national laws under the NYC on the enforcement of foreign award and the practical problems that arise with respect to the interpretation of the New York Convention’s provisions in national courts. Finally, the paper ends with suggested solutions.

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